SHEELA Vs. SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT

JUDGEMENT

(1.) Heard learned counsel for the appellant. This Writ Appeal has been filed against the judgment of the learned Single Judge dated 29th Nov., 2010, dismissing the Writ Petition filed by the petitioner. Necessary facts which lead to filing of the Writ Petition are as follows:

(2.) The learned Single Judge dismissed the Writ Petition on two grounds. Firstly, it was observed that the petitioner is guilty of unexplained delay and laches since the seniority list was published on 15th May, 2007 and she filed the Writ Petition only on 26th Nov., 2010, without there being no cogent explanation. It was further observed that seniority has to be counted from the date of regular appointment and not from the date of provisional appointment. With the above said observations, the Writ Petition was dismissed.

(3.) Counsel for the appellant challenged the judgment of the learned Single Judge contending that when the order dated 22nd July, 2008 regularising her service itself mentioned that the petitioner was entitled to reckon the period from 8th March, 1988 and the period from 1st March, 1992 for sanctioning increment and consequential service benefits, she was clearly entitled to seniority at least with effect from the said period. He submits that seniority is also a service benefit and hence, the appellant should not have been denied the benefit of seniority. He has placed reliance on the judgment of this Court in Sreekala Vs. State of Kerala, (2007 (1) KLT 903), especially paragraph 9.